Applicant Name:  ?????

Application Receipt Date: 2009/03/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 081007
Discharge Received: 			   Date: 081212   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHD 64th Bde Spt Bn, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080814, with intent to defraud utter a certain document while in Iraq (080808), reduction to E-3, forfeiture of $895 x 2 (suspended), 45 days extra duty and restriction (FG)

080422, suspended sentence of reduction to E-4 and forfeiture of $1,024 is vacated for failure to report (080713)

080427, left his post while posted as a sentinel and RTO with intent to abandon while at FOB War Eagle, Iraq (080412), reduction to E-4 (suspended), forfeiture of $1,024 (suspended), 45 days extra duty and restriction (FG)

070227, wrongfully wear unauthorized award (070216), duty dereliction and false statement (070204), reduction to E-3 (suspended), forfeiture of $403 (suspended), 14 days extra duty (CG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 061004    Current ENL Term: 6 Years  Per unit commander's letter, contract is not in file.
Current ENL Service: 	02 Yrs, 02Mos, 08Days ?????
Total Service:  		05 Yrs, 10Mos, 01Days ?????
Previous Discharges: 	RA 030212-061003/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 42A20/Human Resources Spc   GT: 112   EDU: HS Grad   Overseas: SWA   Combat: Iraq x 3 (041111-050401, 060522-061111, and 071202-081111)
Decorations/Awards: ARCOM-2, AAM-3, VUA, NDSM, GWOTEM, GWOTSM, ASR, OSR x 2, CAB, ICM, PB

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO
Post Service Accomplishments: None listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern misconduct—for failure to report on several occasions, dereliction of duty, forgery, leaving his place of duty while posted as a sentinel, disobeying a lawful order, with intent to deceive provided a false statement, and for wrongful wear of an award, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
       
       The record contains a Bar to Reenlistment dated 30 August 2008.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the entire applicant’s military records, and the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  Before initiating action to separate him from the Army, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD outlined in documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, the analyst found no evidence of arbitrary or capricious actions by the command.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 May 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005002
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